TERMS AND CONDITIONS
These terms and conditions of sales (the 'Conditions') are deemed to be the operative terms in any contractual transaction (the 'Contract') between (1) Neville Fickling Fishing Tackle and Bait supplies Ltd (as the 'Supplier') and (2) any potential purchaser (the 'Buyer') who completes Neville Fickling Fishing Tackle and Bait supplies Ltd's order form (the 'Order') for Goods offered for sale by Neville Fickling Fishing Tackle and Bait supplies Ltd on this website (the 'Website').
No person under the age of 18 years may purchase Goods.
In these Conditions:
'Conditions' means these terms and conditions of sales.
'Contract' means the Contract between the Buyer and the Supplier and subject to the Conditions.
'Supplier' means Neville Fickling Fishing Tackle and Bait supplies Ltd Bridge RoadGainsboroughLincsDN21 1JSTel: 01427 613002 - Fax: 01427 811375
'Buyer' means the person or organisation purchasing Goods from the Website.
'Order' means the Order for Goods completed by the Buyer and submitted to Neville Fickling Fishing Tackle and Bait supplies Ltd.
'Goods' mean the Goods ordered by the Buyer as offered for sale on the Website by the Supplier.
'Website' means the entire computing hardware and software installation wheresoever located that is or supports the Supplier's website.
'Carrier' means the person or organisation contracted by the Supplier to transport the Goods to the Buyer.
1.1 The Buyer shall place an Order for Goods by submitting a completed order form on the Website. The Buyer's Order represents an offer to the Supplier to purchase a product(s) which is accepted by the Buyer when the Buyer confirms in writing via email that the Goods have been dispatched to the Buyer. The Buyer will supply the Goods to the Buyer in accordance with the Buyer's Order. Any Goods on the same Order which the Buyer has not confirmed in a dispatch confirmation e-mail to have been dispatched do not form part of that contract.
1.2 These Conditions shall govern the Contract to the exclusion of any other terms or conditions.
1.3 Any advice or recommendation given by any representative of the Supplier to the Buyer relating to the Goods, which is not confirmed in writing by the Supplier will not be binding on the Supplier.
1.4 Any variation to the Contract must be agreed in writing between the Buyer and the Supplier.
2. ORDERS AND QUOTES
2.1 In accepting a quote or submitting an Order for the Goods the Buyer acknowledges that:
2.1.1 all information and specifications relating to the Goods and any material produced by the Supplier are approximate only (unless otherwise specified); and
2.1.2 the limitations of monitor capabilities and of printers mean that the colour of the products on the Website may vary from the Goods supplied by the Supplier to the Buyer under the Contract.
2.2 To the extent permitted by law, any error in any quote, sales literature or other document or information issued by the Supplier or placed upon the Website may be corrected by the Supplier without any liability to the Buyer.
2.3 The Supplier may make any changes in the specification of the Goods to conform to any UK statutory or European Union requirements or, where the Goods are to be supplied to the Supplier's specification, which do not materially affect their quality, performance or fitness for their purpose.
3. RIGHT OF WITHDRAWAL
3.1 If the Buyer is a consumer who is a resident of the European Union then the Buyer has the right to withdraw from the Contract within 7 days after the Goods have been delivered by returning the Goods in an undamaged condition and giving written notice of withdrawal to the Supplier and the Supplier shall credit the Buyer's credit card or debit card for the price of the Goods as set out below in clause 4.2.
3.2 The right to a 7-day "Cooling Off" period will not apply where the Contract is for the supply of:
3.2.1 jewellery for body piercings including ear-rings; or
3.2.2 perishable Goods; or
3.2.3 specially commissioned Goods; or
3.2.4 personalised Goods; or
3.2.5 additional services carried out by the Supplier (eg: gift-wrapping) once the delivery process has begun.
3.3 The Buyer shall package the relevant Goods securely and send it to the Supplier so that the Supplier receives it within seven working days of the day after the date that the item was delivered to the Buyer. The Supplier cannot accept returns if delivered by hand. For the Buyer's protection, the Supplier recommends that the Buyer use a recorded-delivery service.
3.4 The Buyer will be responsible for the costs of returning the items to the Supplier unless the Supplier delivered the Goods to the Buyer in error, or if the Goods are damaged or defective. If the Supplier does not receive the Goods back from the Buyer with the delivery slip, the Supplier may arrange for collection of the item from the Buyer at the Buyer's cost.
3.5 As soon as the Supplier receives notice of the Buyer's cancellation of the Order, the Supplier will refund the relevant part of the purchase price for the Goods together with the Goods' normal postage charge; the Supplier will not be liable to refund any priority, express or courier component of the postage charge.
3.6 The Buyer shall be responsible for paying the cost of returning the Goods to the Supplier by the same method as they were originally delivered.
3.7 If the Buyer cancels the Contract then they are obliged to restore the goods to the Supplier in a re-saleable condition and to take reasonable care of such Goods in the meantime. If the Buyer does not return the Goods then the Buyer will have to pay the cost the Supplier incurs in recovering them.
3.8 If the Buyer returns Goods which are damaged in transit then the Buyer will comply with all reasonable requests of the Carrier to provide such information as is necessary to enable the Carrier to determine liability.
4.1 The price of the Goods shall be the price quoted on the Website on the date of acceptance of the Order by the Supplier, subject to any inadvertent pricing errors (whether technical or otherwise) by the Supplier. If the Supplier discovers a pricing error for any Goods that the Buyer orders, then the Supplier will cancel the Order without penalty and notify the Buyer of the error.
4.2 The price of the Goods does not include the cost of delivery for any Goods delivered within the UK. A delivery charge as stated on the Website will be added to the price of the Goods.
4.3 The price of the Goods does not include the cost of delivery for any Goods delivered outside the UK. For such orders, the Buyer will pay the Supplier's delivery charges by the method and to the premises specified in the Buyer's order for transport, packaging and insurance as quoted on the Website on the date of acceptance of the order.
4.4 In the case of special offers etc, the length of time that the price will be offered will be stated on the Website.
4.5 Banking charges made by the Supplier's receiving bank will be borne by the Supplier. All other charges relating to payment in any currency other than pounds sterling will be borne by the Buyer.
5. PAYMENT TERMS
5.1 Payments shall be made by either credit card or debit card on the date on which the Supplier accepts the Buyer's order.
5.2 Credit cards and debit cards accepted by the Supplier are those listed on the Website on the date on which the Buyer's order is accepted by the Supplier.
6.1 The time place and method for delivery shall be as requested in the Buyer's Order, but in any event the Supplier will endeavour that such delivery shall not exceed 30 days, unless the parties agree otherwise.
6.2 Time for delivery of the Goods shall not be of the essence, but in any event the Supplier will endeavour that such delivery shall not exceed 30 days.
6.3 If the Goods delivered to the Buyer do not include all of the Goods ordered by the Buyer or the incorrect Goods, the Buyer shall inform the Supplier in writing within 14 working days from the date of delivery. If the Buyer does not so inform the Supplier in writing, the Supplier shall not be responsible for any loss or damage suffered by the Buyer as a result of such delivery. In any event, the Supplier's liability to the Buyer in such circumstances shall be limited to the price of the Goods not delivered.
6.4 If the Buyer claims loss of Goods in transit then the Buyer will comply with all reasonable requests of the Carrier to provide such information as is necessary to enable the Carrier to determine liability.
7. RISK AND OWNERSHIP
7.1 Risk of damage or loss of the Goods shall pass to the Buyer on delivery or, if the Buyer fails to take delivery of the Goods, the time when the Supplier has tried to deliver the Goods.
7.2 Title in the Goods shall pass to the Buyer on delivery of the Goods.
8. INTELLECTUAL PROPERTY
8.1 All intellectual property and other proprietary rights (including, but not limited to, copyright, design rights and trademarks) and all technical, business or similar information (including but not limited to, all designs, documents and other materials relating to the Goods) created by the Supplier before, during and after the course of the Contract shall be, and shall remain, the property of the Supplier only.
9. WARRANTY AND LIABILITY
9.1 Nothing in this clause 9 shall exclude the Supplier's liability for death or personal injury caused by its negligence.
9.2 Subject to the conditions set out below the Supplier warrants that all Goods will correspond with the Order at the time of delivery and will be free from material defects or damage on delivery.
9.3 If the Supplier is in breach of the warranty contained at clause 9.2 above, the Buyer shall advise the Supplier in writing immediately and in any case not later than 14 working days from the date of discovery of a material defect or damage.
9.4 On receiving a notice under clause 9.2 above, the Supplier may, at its sole option:-
9.4.1 Repair the Goods;
9.4.2 Replace all or any part of the defective or damaged Goods; or
9.4.3 Refund the price of those Goods which are defective or damaged.
9.5 The warranty contained in clause 9.2 shall be the extent of the Supplier's liability for defective Goods.
9.6 The Goods are not tested and sold as fit for any particular purpose and any terms of warranty or condition express or implied by statute or otherwise to the contrary are excluded to the extent allowed in law.
9.7 Save as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law and the Supplier will not be liable to the Buyer for any loss of any kind whatsoever (including for the avoidance of doubt, any consequential loss which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on the Supplier by operation of law).
9.8 The Supplier will not be liable to the Buyer for any of the following losses which may arise by reason of any breach of the Contract or any implied warranty, condition or other term, any representation or any duty of any kind imposed on the Supplier by operation of law:
9.8.1 Any loss of anticipated profits or expected future business;
9.8.2 Damage to reputation or goodwill;
9.8.3 Any damages costs or expenses payable by the Buyer to any third party;
9.8.4 Loss of any order or contract; or
9.8.5 Any consequential loss of any kind.
9.9 Unless otherwise provided in these Conditions, and subject to clause 9.5 above, the liability of the Supplier for breach of any express or implied term of these Conditions shall be limited to the reasonable cost of remedying any defect in the Goods or other matter constituting a breach and in no circumstances shall the Supplier's liability exceed the total amount paid by the Buyer to the Supplier under the Contract.
9.10 If, notwithstanding the provisions of this clause 9, liability is attached to the Supplier in no circumstances shall the Supplier's liability to the Buyer for a breach of any express or implied terms of the Contract or any other duty of any kind imposed on the Supplier by law arising out of or in relation to the Contract exceed the total amount of the Buyer's Order.
9.11 Without prejudice to any other provision of this clause 9, the Supplier will not be in breach of the terms of the Contract for any delay in performing, or failure to perform, its obligations under the Contract if that delay or failure was due to any cause or circumstance beyond the Supplier's reasonable control.
10. INDEMNITYThe Buyer shall indemnify the Supplier against any loss or damage suffered by the Supplier as a result of any claims brought against the Supplier by any third party for:-
10.1 Any loss, injury or damage caused by the Goods or their use;
10.2 Any loss, injury or damage in any way connected with this Contract provided that this Clause will not require the Buyer to indemnify the Supplier against any liability for the Supplier's own negligence.
11. EXPORT TERMS
11.1 The Buyer shall be responsible for complying with any legislation or regulation governing the importation of the Goods into the country of destination and for the payment of any duties outside the UK.
11.2 The Buyer shall where applicable:-
11.2.1 Not either directly or indirectly export the Goods or any product incorporating the Goods without first obtaining a licence to export or re-export from the United Kingdom Government;
11.2.2 Comply with the export regulations of the United Kingdom Government;
11.2.3 Comply with the import regulations of the country in which the Buyer is receiving the Goods. The Buyer's attention is drawn to the fact that cross-border deliveries are subject to opening and inspection by customs authorities.
12.1 The Supplier may terminate this Contract or any other contract between the parties and may cancel or suspend future deliveries (under this Contract or any other contract) if the Buyer:
12.1.1 Is in breach of these Conditions or any other contract between the parties; or
12.1.2 has a petition presented for its winding up or for an administration order to be made in respect of it; has an administrator, receiver or administrative receiver appointed over it or any of its assets; resolves to wind itself up (other than for a solvent reorganisation); has a bankruptcy order made against it or and of its partners; or enters, or proposes to enter into a composition or voluntary arrangement with its creditors.
12.2 On termination, the Buyer shall pay to the Supplier all costs, expenses (including reasonable legal and other fees incurred), arrears, charges or other payments arising in respect of the Goods under the Contract.
12.3 Termination shall not affect either party's accrued rights under the Contract.
13. WITHDRAWAL AND USE OF GOODS
13.1 The Supplier may withdraw the sale or distribution of any goods produced by or generally supplied by the Supplier without prior notice, or liability, to the Buyer.
13.2 If the Supplier provides the Buyer with information about the use for which the Goods are designed and about any conditions necessary to ensure that the Goods will be safe then the Buyer shall use the Goods accordingly.
14.1 The Supplier or its Content suppliers may make improvements or changes to the Website, the content, or to any of the goods, at any time and without advance notice.
14.2 The Buyer is advised that content may include technical inaccuracies or typographical errors.
14.3 The Supplier gives no warranty and makes no representation, express or implied, as to:
14.3.1 the adequacy or appropriateness of the Goods for your purpose.
14.3.2 the accuracy of any information given on the Website;
14.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose except where the Buyer is a consumer (as defined in the Unfair Contract Terms Act 1977 section 12) when the Supplier's liability shall be restricted to the full extent permitted by law;
14.3.4 compatibility of the Website with your equipment software or telecommunications connection.
14.3.5 compliance with any law; 14.3.6 non-infringement of any right.
14.4 The Website may contain links to other Internet web sites. The Supplier has neither power nor control over any such web site. The Buyer acknowledges and agrees that the Supplier shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from the Buyer's use of any such web site.
14.5 The Supplier is not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the Buyer's use of the Website or the purchase of Goods.
14.6 In any claim against the Supplier, the Supplier's liability is limited to the value of the goods the Buyer has purchased in the contract which is the subject of the dispute.
15.1 Any notice required under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or any other address notified by the receiving party to the party giving the notice. Any notice shall be deemed to be served:
15.1.1 if sent by pre-paid first class post to the party to whom it is given, on the day it is posted; or
15.1.2 If sent by pre-paid air-mail post to the party to whom it is given, on the day it is posted; or
15.1.3 If sent by fax to the recipient's fax number at the date and time given on the sender's transmission acknowledgement slip or (in the case of manifest error or loss of the slip) on the day on which it is sent.
15.1.4 If left at an address given in which case it is taken to have been given on the day on which it was left.
15.1.5 if sent by e-mail to the private or business e-mail address of the parties in which case it is taken to have been given on the day on which it was sent.
15.2 If any of these Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law.
15.3 The Contract and these Conditions shall be under English law and the parties submit to the exclusive jurisdiction of the English Courts if there are any disputes between them of any kind.
15.3.1 The Buyer and Supplier agree that no dispute shall be subject to litigation until they have jointly engaged in good faith in a process of mediation in an attempt to settle any dispute between them whether in connection with these Conditions or any Contract between them.
15.4 The headings to the paragraphs of these conditions are for ease of reference only and shall not affect the interpretation or construction thereof.
15.5 The Buyer shall not transfer, assign or sub-contract its obligations under the Contract without the Supplier's prior consent in Writing.
15.6 Failure or neglect by the Supplier to enforce at any time any of these Conditions shall not be a waiver of the Supplier's rights and it shall not affect the validity of the whole or any part of these Conditions or prejudice the Supplier's right to take subsequent action.
15.7 Nothing in these terms and conditions shall confer on any third party any benefit or any right to enforce any terms contained in these terms and conditions whether under the provisions of the Contracts (Rights of Third Parties) Act, 1999 or otherwise.
15.8 The Supplier shall not be liable for any breach of the Supplier's obligations arising directly or indirectly from any delays in doing so and the Supplier will not be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond its reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond the Supplier's reasonable control:
15.1.1 Act of God, explosion, flood, tempest, fire or accident;
15.1.2 War or threat of war, sabotage, civil disturbance or requisition;
15.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
15.1.4 Import or export regulations or embargoes;
15.1.5 Strikes, lock outs or other industrial actions or trade disputes including action by the Supplier's own employees;
15.1.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
15.1.7 Power failure or breakdown in machinery;
15.1.8 Failure of the Carrier to carry out its obligations for whatever reason;
15.1.9 Force majeure.
If the Supplier is prevented from carrying out its obligations in the above circumstances, it will notify you in writing. If the Supplier is still prevented from carrying out its obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the Contract. If the Contract is cancelled in this way the Supplier accepts no liability to compensate the Buyer for any loss or damage caused by failure to perform.